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HomeMy WebLinkAbout03-20-1991 Planning MinutesMINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 2C, 1991 ATTENDANCE The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair Charlie Kelley and Planning Commission Members Maureen Bellows, Jim Hansen, Candace Rowlette. Sara Moos, Ed Cohen, and Jeff Johnson were absent. The follov/ing represented the City Staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, and City Recorder Scheffler. Kelley called the meeting to order at 4:03 p.m. (#1)ZONING FILE #1457 ft #1630-ALAN G. CARLSON 3140 WATERTOWN ROAD AMENDED PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT CONTINUATION OF PUBLIC HEARING Gary Peterson was orecent on behalf of Alan Carlson. Kelley re-convencJ the Public Hearing on this matter at 4:03 jp • in • Mabusth noted that Outlot B is proposed to be developed with a gazebo, as well as a tennis court. She said, "I have nothing specific to show you regarding the gazebo, but have been told that it will contain a lavatory, which would have a holding tank. The holding tank would require City Council approval. Staff's concern pertains to the way in which a 10,000 ton pump truck would access the holding tank, since there is only a trail leading to this structure." - Kelley asked Gary Peterson if he .ould prefer to have the matter tabled until more inforaation oen oo provided relative to the gazebo. Peterson asked if the Planning Commission could give conceptual approval, pending review of the plans. Kelley stated that he would not give conceptual approval, but he would make a recommendation on the preliminary subdivision, excluding the tennis court and gazebo. Hanson stated that though he did not totally approve of the structures being located on an outlot, he approved of having one tennis court, as opposed to several private tennis courts. He said, "I think a holding tank could be reached with a hose, if necessary." Rowlette indicated that she bike trails in the wetland area, two applications. was concerned about locating She suggested separating the Kelley stated that the issue of the accessory structures on - 1 - k Af.l<k Aft « PLANNING COMMISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 (#1 & #2)ZONING FILES #1457 & #1630-ALAN CARLSON CONTINUED an outlet constitutes a new policy issue. He suggested that the Planning Commission vote >^n the issues covered under existing ordinances, and allow the City Council to adaress the new policy. Kelley closed the Public: Hearing at 4;i0 p.m. m It was mv'vjd by Kelley, seconded by Hanson, to recommend approval of the preliminary subdivision, excludinj the proposed bike trails, tennis court and gazebo, which should be considered by the City Council because there is no existing ordinance to address the issue of accessory structures on outlets. Hanson noted that such issues could be considered if this were a PRD rather than a straight plat. Bellows noted that at such time the issue is referred back to Planning Commission, that the applicant jjg prepared to show plans and elevations for the pj,oposed structures. Motion, Ayes~4, Nays-0. Motion carried. (#3)ZONING FILE #1621-TERRY ft JONELL JOHNSON 1045 LINDEN LANE VARIANCBS-CONTINOATION OF PUBLIC HEARING It was moved by Bellows, seconded by Hanson, to table this application, as requested by the applicants. Motion. Ayes-4, Nays-0. Motion passed. («4)ZONING FILE #1622-F. JOHN HARDIN 1496 PARK DRIVE VARIANCE-CONTINUATION OF PUBLIC HEARING John Hardin v/as present. Kelley re-convened the Public Hearing at 4:12 p.m. Hardin showed the- Planning Commission the floor plan for the proposed addition in relation to the existing house. ■.■■■jrrSFF : Kelley closed the Public Hearing at 4:13 p.m. It was moved by Kelley, seconded by Bellows, to recommend approval of a front yard setbacx Variance to construct an addition to an existing residence at 1496 Park Drive, based on the hardships posed by the shape of the lot, tne inadequate size of the existing bedrooms, and the location of neighboring houses in relation to the street. Motion. Ayas-4, Nays-0. Motion passed. 1 m.- ■;? ■ - 2 - ■i : . I ' M *1 .5 f' ^ • PLANNING COMMISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 «l*f- * ij (#5)ZONING FILE 11623-KEENAN & JEAN RICHARDSON 2500 WOODHAVEN DRIVE CONDITIONAL USE PERMIT-CONTINUATION OF PUBLIC HEARING Keenan and Jean Richardson was present. h ; Kelley re—convened the Public Hearing at 4*34 p.m. Gaffron explained for the benefit of. Dr. Richardson the past policy of the Planning Commission regarding after-the-fact penalty fees, noting that the Planning Commission does not have the authority to waive the requirement. At 4:16 p.m., Kelley closed the Public Hearing. It was moved by Bellov/s, seconded by Hanson, to recommend approval of a Conditional Use Permit for Keenan and Jean Richardson, according to Staff recommendations pertaining to penalties arid fees. Motion, Ayos-4, Nays-0. Motion carried. -,r-™ (#6)ZONING FILE #1624-DAVID CARLSON (SHORELINE MARINA A YACHT CLUB) 1955 SHORELINE DRIVE COMMERCIAL SITE PLAN REVIEIJ-CONTINUATION OF PUBLIC HEARING Steven Fichtel and Dave Carlson were present. At 4:37 p.m., Kelley re-convened the Public Hearing. Mabusth provided a brief review of the application for the benefit of Rowlette. Rov/lette questioned whether the Planning Commission had raised concerns about the second level deck being located v/ithin the 75 foot setback area. Kelley, Bellows, and Hanson explained that the majority of the structure is located within the 75 foot setback area, which frequently occurs with marina facilities. Kelley asked Staff to convey to Council the Planning Commission's concerns regarding the underground gas tanks and fuel dock, as discussed at the March 18, 1991 Planning Commission meeting. Kelley closed the Public Hearing at 4:20 p.m. It was moved by Kelley, seconded by Hanson, to recommend approval of the Commercial Site Plan for Dave Carlson. Shoreline Marina and Yacht Club, as presented. Motion, Ayes-4, Nays-0. Motion carried. ■ ■4 d- ■ V m---m - 3 -m _Ul ■ lift Jill, I -hi PIANNING COMMISSION MEETING (RE-CONVENE) HEED MARCH 20. 1991 (#7)ZONING FILE #1625-DON OLSON 4590 NORTH ARM DRIVE VARIANCE-CONTINUATION OF PUBLIC HEARING Don Olson was present. Kelley opened the Public Hearing at 4:.21 p.m. Mabusth briefly reviewed the Olson's application. The Public: Hearing was closed at 4:24 p.m. '■ti Motion carried. I (#8)ZONING FILE #1626-TIM » BETH TRAFF 2683 NORTH SHORE DRIVE VARIANCE-CONTINUATION OF PUBLIC HEARING k k i f Tim Traff was present, as was Karen Schriver, Robert Mitchell, Attorney for James Matchell, the Traff s neighbor. Kelley re-opened the Public Hearing at 4:25 p.m. W' Tim Traff showed the location o£ the average lakeshore setback line, after it had been moved back an additional five feet, as he agreed with his neighbor, Rollin Lacy, that he would do. Traff also showed the Planning Commission a fx^or plan or the proposed house. Karen Schriver reiterated the pvosition of James and Pitricia Mitchell, as noted in their letter to the City, and the comments made by their Attorney, Robert M.Ltchell. at the Mar-h 13, 1991 Public Hearing. .At 4:34 p.m., Kelley closed the Public Hearing.i It was moved by Bellows, seconded by Hanson, to recommend denial of the side setback Variance to construct a new residential structure, based on the Planning Commission s belief that a new structure should meet all required setbacks, and that there is no demonstrated hardship to warrant the Variance requested. Mr. Traff disagreed, stating that his P---an wil reduce hardcover and place the house .14 feet further property line than where the e>cisting house now stands. He stated that the new house will increase tax revenues for the City of Orono, and that he should be allowed to have his home the way he would like it. Traff added that he should be allowed to place his home as close to the average lakeshore setback line as - 4 - I • -.-A V. _ _ _ _ _t k ■ ii~ ■ \ ,• - ■ ' -I ■jv PLANNING COMMISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 (#8)ZONING FILE 11626-TRAFF CONTINUED oossible to take t‘ne most advantage of tne recreational# and arL variance because the hardship runs with the land because the cTty recognized the lot as buildable, and it is sewered. HaLon agreed. Motion, Ayes-3. Kelley, Nay. Motion carried. (#9)ZONING FILE #1627-SAM MCCLOUD application #1627, as requested by the applicant. Motion, Ayes-4, Nays-0. Motion carried. (#10)ZONING FILE #1628-SARA ft MARK FINNEY 4195 HIGHffOOO ROAD VARIANCE-CONTINUATION OF PUBLIC HEARING Sara Finney was present. Kelley re-convened the Public Hearing at 4:36 p.m., and reviewed the Planning Commission's views regarding this application and the intent of the average lakeshore setback. lakeshorrstruc\®ure^^co^^ of^reLi^ning walls, and a stairway. Mabusth replied, "We were unable to meet Sara o.n-site, but did have an opportunity to discuss the structure with her. T lere i3 a deck which would appear to not meat the City s jafct landing standards. The structure is approximately eight to ten years old. It may be appropriate for tha Planning Commission to include in their recommendation a statement pertaining to this structure being recognized as a non-conforming structure. City cannot guarantee that the applicants will be a ow rebuild the deck at such time that it deteriorates, and any structural repairs that are deemed necessary will have to fa- approved by the City." Hanson was concerned about treating this non-conforming structure in a manner different than the way such structures are normally addressed, though he fully understood the innocence o. the Finney's and the owners of the property prior to them. Bellows asked what measures the City w.ill take to assure that the Finney's and any other owners of this property understand the restrictions regarding the lakeshore structure. Mabusth stated that the resolution would include language mm - 5 - i m 'T^ *-tv-.' ' ' ,v >? ;-'-.k..'. pfe !'# RV' PLANNING COMMISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 (410)ZONING FILE 41628-FINNEY CONTINUEDplacing present and future nwners of this property on notice that the structure cannot be without council approval, a„d that remov,.l may be reauired, as well ae a conforming access structure installed in the future. She added that the structure does serve a function as it supports the lakeshore bank. Kelley closed the Public: Hearing at 4:40 p.m. •::--ss,£7rr s.:;;:: niaatic beneath landscaped areas.P structure itself, and present thatmeasurements of the information to Council. Road The hardship for the Variance is the topography o,. the land* It is further recommended that the applicant be placed on noSiie that any structural repairs to the existing non-conforming in '^the laKesho.e yard shall be subject Clf, aoDroval. The aoplicant is directed to wo..k with S..aff <• minimise the visual impact of the structure. Motion, yes Nays-0. Motion carried. (#11)ZONING FILE #1629-MCNULTY CONSTRUCTION 1700 FOX STREET VARIANCE-CONTINUATION OF PUBLIC HEARING Jim McNulty and Hugh McMillan were present. Kelley re-opened the Public Hearing at 4:45 p.m Gaffron reviewed the applicant's request, noting ^^at the total square footage of the structure, including the proposed addition^ would be less than the square footage approved when the building was first constructed. Hanson and Bellows stated their positions on the original application to construct this a^^ssory structure, as w^eli as rd^^ha^^sSlps"^ “ ior the that has not changed. She added tnat tne Ordinance specifically designed to address such which provides even more basis for denial. on this commented that though there is an existing residenue on this property to accompany the accessory structure, it is for the most part unoccupied, and serves mainly as a guesthouse. - 6 - .•V, •j.f.Jt lit I .» m .« ■ 1% Lt-«k *t£ ^ .L r«k Aj*)Wk m ■>. ■ ••• ^ .'.. 'V PLANNING COMMISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 (#11)ZONING FILE #1629-MCNULTY CONSTRUCTION CONTINUED Rov/lette stated that the house may not be occupied on a full time basis, however, it is a primary structure. Mr. McNulty reiterated the points made at the March 13. 1991 Public Hearing, and showed Rowlette a sketch of the existing building and the proposed addition. He also displayed a photograph of the structure. Kelley closed the Public Hearing at 4:58 p,m. It was moved by Hanson, seconded by Rowlette, to recommend approval of aoplication #1629, in accordance with the conditions set forth in Resolution #2204. Motion, Ayes-2, Bellows, Kelley, Nay. Motion carried. (#12)RECOMMENDATION TO COUNCIL-HIGHWAY 12 CORRIDOR STUDY Kelley asked Rowlette if she had any comments regarding her stated position on the Highway 12 recommendation that will be presented to Council. Rowlette agreed with the draft presented by Staff. (#13)ZONING FILE #1618-WILLIAM PDCEL BALOUR PARK SKETCH PLAN REVIEW OP A PRD/SUBDIVISION William Pucel was present. He stated that he d:.d not understand why the Planning Commission's views on developing Baldur Park had changed since the last sketch plan application. Kelley explained that he had driven out to Baldur Park several times and each time he sees the area, he becomes more ar.d more convinced that it should not be developed. He informed Mr. Pucel that he might consider development, if all Ordinances are met. Hanson agreed with Kelley, stating that he would only consider deviating from a reguirement to meet al. Ordinances if in doing so, the access road issues could be addressed. Ha stated that the road is his main concern. Bellows stated that until the Baldur Park Drive is upgraded to meet the City's safety standards, she will not consider any development. Mr. Pucel felt that the road issue could be addressed. Bellows invited Mr. Pucel to present a plan that would meet the safety requirements for the road. I ll lil**^*- - ‘ «. .. ■'J PLANNING COMMISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 (#13)ZONING FILE #1618-PUCEL CONTINUED . only r«:L.e:d"nr.oSJ; -n p“e\"er\irc:s” to City Council with the filing of a formal subdivision application. ofadjournment The Morch 20, 1991, Meeting Commission, a re-convene .. c i o m Commission meeting, was adjourned at 5;12 p.m. the Orono the March 18, 1991 Planning Planning m .* \Jm 1 . i*';. 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